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(영문) 수원지방법원안양지원 2015.10.28 2015가단7617

부동산명도 및 임대료 등

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1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 4, and 1.

Reasons

1. On September 26, 2009, the indication C and D set the lease deposit amount of KRW 350,000,000, monthly rent of KRW 350,000 (excluding value-added tax, management fee) and the Plaintiff succeeded to the status of C and D, which are attached to the Defendant in sequence 1, 2, 3, 4, and 1 of the attached drawings among the real estate listed in the attached list.

Since July 2013, the defendant began to delay the rent and management expenses stipulated in the above lease agreement, and as a result, the sum of overdue rent and overdue interest from April 2015 to April 2015 was caused to KRW 10,69,00,000, and the plaintiff terminated the above lease agreement on the ground of the above overdue rent.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the said KRW 10,691,649 as well as damages for delay thereof. Moreover, from May 1, 2015 to the completion date of delivery of the said real estate, the Defendant is obligated to pay the overdue rent or unjust enrichment calculated at the rate of KRW 425,862 per month (=350,000 value-added tax management expenses of KRW 35,000 per month).

2. Expenses for civil procedure in the judgment of deemed confessions. Article 208 (3) 2.

3. Some dismissed parts of the statutory interest rate of Article 3(1) main sentence of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings were amended, and the legal interest rate of the case for which the pleadings of the first instance have not been concluded until October 1, 2015 are applied respectively to the interest rate of 20% per annum under the previous provisions until September 30, 2015, and the interest rate of 15% per annum under the amended provisions from October 1, 2015 to the date of full payment. Thus, the portion for which the Plaintiff’s delay damages calculated at the rate of 20% per annum from October 1, 2015 to the date of full payment among the Plaintiff’s overdue rent and overdue interest claim exceeds the damages for delay calculated at the rate of 15% per annum.